POINT BY POINT SUMMARY
Prepared by P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Yevamos 120
1) IS A WOMAN BELIEVED REGARDING HER YEVAMAH?
2) WHAT MUST BE SEEN TO TESTIFY THAT A MAN DIED
1. The difference between these answers is whether the Tzarah may marry
before the wife that testified.
(b) Answer #1 (Mishnah): R. Elazar says, since they were permitted to the
Yevamim, they are permitted to others.
i. If Leah's testimony helps for her Tzarah - the Tzarah may marry first.
ii. If it only helps because Leah would not ruin herself - the Tzarah may
not marry until Leah gets married.
1. We understand if the reason is because Leah would not ruin herself -
after Leah marries, the Tzarah may marry.
(c) Answer #2 (Mishnah): A woman went overseas with her husband; she
returned and said that her husband died - she may get married and receives
her Kesuvah, and her Tzarah is forbidden;
2. Question: If Leah's testimony helps for her Tzarah - it should help even
if Leah didn't marry!
i. It must be, the reason is because Leah would not ruin herself.
3. Rejection: No - we can say, R. Elazar addresses Chachamim according to
i. I hold, Leah's testimony helps for her Tzarah, even if Leah didn't marry.
ii. You should at least admit, if Leah married, her Tzarah may marry, since
Leah would not ruin herself!
iii. Chachamim: A woman would ruin herself to ruin her Tzarah.
1. (Beraisa): R. Elazar says, since she was permitted, her Tzarah is also
2. Rejection: We can explain R. Elazar to say, since she was permitted and
got married, her Tzarah is permitted.
3. Question: We should be concerned, perhaps she got married because she was
divorced, but her (ex-)husband is still alive, and she lies to ruin her
4. Answer: The Tzarah is only permitted if Leah married a Kohen, which she
would not do if she was divorced.
(a) (Mishnah): Witnesses can only testify if they saw face, including the
nose; even if there are signs on his body and clothing;
(b) They can only testify if they saw him die - even if they saw him cut up,
hanging, and a wild animal eating him;
(c) They can only testify if they saw the body within 3 days of death; R.
Yehudah Ben Bava says, it depends on the deceased, the place and the time.
(d) (Gemara - Beraisa): If they only saw the forehead, not the face; the
face, but not the forehead - they cannot testify until they see both,
including the nose.
1. (Abaye): This is learned from "Recognition of their faces proved who they
(e) Aba Bar Marsa owed money to the Exilarch; he stuck remnants of garments
on his forehead, and was not recognized.
(f) (Mishnah): Even if there are signs ...
(g) Suggestion: This says that mid'Oraisa, we may not rely on signs.
1. Contradiction (Mishnah): (A messenger to give a Get lost the Get.) If it
was found tied to his wallet or ring, or if it was found among his clothes,
even after a long time, the Get may be used.
2. Answer (Abaye): Tana'im argue whether mid'Oraisa we may rely on signs.
i. (Beraisa): We may not identify a dead man based on a wart to permit his
wife to marry; R. Eliezer Ben Mahavoy permits this.
3. Version #1 - Rejection (Rava): All hold that signs are mid'Oraisa - they
argue whether we are concerned that someone born at the same time would have
an identical wart,
ii. Suggestion: Chachamim hold, we may rely on signs mid'Oraisa; R. Eliezer
says, only mid'Rabanan.
i. Version #2: They argue whether warts are prone to change after death.
4. Version #3 - Rejection (Rava): All hold that signs are mid'Rabanan - they
argue whether a wart is a telltale sign (which is mid'Oraisa, even though
regular signs are mid'Rabanan).
(h) Question: How can Rava say in the 1st version that signs are
mid'Oraisa - the Mishnah says, even though there are signs on his body and
3) A CUT UP PERSON
(i) Answer: The signs on his body are vague and unreliable, e.g. he is tall
(j) Answer #1 (regarding clothing): We cannot rely on signs on his clothing,
we are concerned that someone borrowed his clothing.
1. Question: If we are concerned that someone borrowed his clothing, how can
we return a donkey based on a sign on the Ukaf (wood placed above the
saddle) - we should be concerned that the Ukaf was borrowed!
(k) Answer #2 (regarding clothing): The signs on his clothes are vague and
unreliable, e.g. they are white or black.
2. Answer: One does not borrow an Ukaf, it would wound the donkey.
3. Question: If the Get was found tied to his wallet or ring, we should be
concerned that these were borrowed!
4. Answer: People do not lend (signet) rings, lest the borrower forge with
it; people do not lend wallets, lest it harm their Mazel.
(a) (Mishnah): Even if they saw that he was cut up ...
(b) This implies, a cut up person may live.
(c) Contradiction (Mishnah): A person is not Tamei until he dies; even if he
is cut up, even Goses (about to die).
1. He is not dead - but we infer, he will not live.
(d) Answer #1 (Abaye): Tana'im argue whether he can survive.
1. (Beraisa): We can testify that a cut up person died, but not one hanging;
R. Shimon Ben Elazar says, even a cut up person we may not testify about,
since he may be cauterized and live.
(e) Objection: We cannot establish the Mishnah as R. Shimon Ben Elazar - the
continuation of the Mishnah is not as him!
1. (Mishnah): There was a case in Asya of a man lowered into water; when
they lifted him, only his leg came up. Chachamim ruled - if more than the
knee came up, his wife may marry; if not, she may not.
(f) Answer: That is different - water aggravates the wound.
(g) Question: Rabah Bar Bar Chanah saw a man cut up his camel - it died
while still neighing!
(h) Answer #1 (Abaye): That was a weak camel.
(i) Answer #2 (Rava): The Mishnah speaks of one cut with a burning-hot
knife - all agree, in such a case, he can live.
(j) (Mishnah): A wild animal was eating from him ...
(k) (Rav Yehudah): This is only if it was eating from a place where a person
does not die - but if was eating from a place from where a person dies, we
(l) (Rav Yehudah): If a man's foodpipe and windpipe were both cut, or the
majority of both, and he fled, we may testify that he died.
(m) Question: But Rav Yehudah said, if such a man authorized to divorce his
wife, we write and give the Get!
(n) Answer: He is living, but will die.
(o) Question: If so, one who mistakenly cuts these signs on a person should
be exiled - but a Beraisa says, he is not exiled!
(p) Answer (R. Oshiya): We are concerned that the wind precipitated his
death, or he himself did.